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2019 (8) TMI 869 - AT - Central ExciseValuation - cash discount which is declared on the invoice even though in some cases the discount was not availed by the buyer and the same was not passed on - HELD THAT:- On the identical issue this bench has passed an order in the case of JK PAPER LTD. VERSUS C.C.E & S.T., SURAT-II [2019 (2) TMI 1239 - CESTAT AHMEDABAD] referring the decision of Hon’ble Supreme Court in the case of Purolator India Ltd. [2015 (8) TMI 1014 - SUPREME COURT] dealing with the same issue taken a view that transaction value has to be written alongwith expression for delivery at the time or place of deliveries. Therefore, value of excisable goods even on the basis of transaction value is only to be taken i.e. at the time of clearance of goods from assesee’s factory or depo. An expression “actually paid or payable for the goods when sold” means whatever is agreed to as price for the goods on the basis of value whether such price, has been paid in parts or has not been paid at all. Hence, cash discount which is not at or prior to clearance of goods being contained in agreement of sale between assessee and buyers must, therefore, be deducted from sale price in order to know the value of excisable goods at time. Hence, cash discount was deductible. - appeal allowed - decided in favor of appellant.
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